Atlantic Coast Line R. R. v. Seaboard Air Line Railway

Citations

• 88 S.C. 464

Syllabus

<p>1. Waiver. — Condemnation under the statute does not determine the right to compensation, but the amount only and the participation of landlord in selecting a condemnation jury is not a waiver of the decision of a proper tribunal on the disputed question of right, where steps are taken at once to protect his rights.</p> <p>2. Res Judicata — Ibid.—The order of the Circuit Court refusing to enjoin condemnation pendente lite, nor the order of this Court refusing to supersede such order can be regarded as an adjudication of the right to condemnation.</p> <p>3. Ihjuhctioh — Railroads.—Where the railroad commission has granted one road the right to cross the tracks of another upon certain conditions, it is error to enjoin the road to be crossed from interfering with such crossing until all conditions imposed by the commission have been met and to restrain it from protecting its rights to the possession of its tract by resort to the courts, and the road desiring to make the crossing is ordered to restore the original status.</p> <p>4. Ah ihjuhctioh should only preserve the status at its date and should not undertake to take property from the possession of one and put it in the possession of another, nor to deprive it of the right to protect its possession.</p>